Showing Results for
- Academic Journals (159)
Search Results
- 159
Academic Journals
- 159
-
From:American Journal of International Law (Vol. 111, Issue 2) Peer-ReviewedIn November 2016, the Office of the Prosecutor (OTP) at the International Criminal Court (ICC) produced an extensive report documenting the status of ten "preliminary examinations" it is conducting. These examinations...
-
From:Review of Constitutional Studies (Vol. 19, Issue 1)Based on past survey research exploring the views of fifty scholars, advisors, journalists, and senior parliamentary staff, this paper argues two separate and sequentially distinct debates surrounding the 2008...
-
From:Yale Law Journal (Vol. 120, Issue 2) Peer-ReviewedCourts have long struggled to distinguish legislative rules, which are designed to have binding legal effect and must go through the rulemaking procedure known as notice and comment, from nonlegislative rules, which are...
-
From:American Criminal Law Review (Vol. 56, Issue 2)Prosecutors exercise broad power and nearly unchecked discretion, A distinctive and underappreciated aspect of prosecutorial authority lies in the ability to impose plea terms that effectively ensconce the prosecutor as...
-
From:Georgetown Law Journal (Vol. 109, Issue 3) Peer-ReviewedMany presidents have been interested in asserting authority over independent regulatory agencies such as the Federal Trade Commission, the Federal Communications Commission, the Nuclear Regulatory Commission, the...
-
From:Journal of Public Administration Research and Theory (Vol. 7, Issue 1) Peer-ReviewedThe level of organizational control and client attributes are two major factors that influence the bureaucratic discretion in street-level bureaucracies. The third factor that is instrumental is the individual...
-
From:Duke Law Journal (Vol. 64, Issue 2) Peer-ReviewedII. PERMIT-DESIGN TRADEOFFS: GENERAL VERSUS SPECIFIC Why would a regulatory program use general or specific permits, or grant a complete exemption from permit requirements? At heart, these questions come down to two...
-
From:Yale Law Journal (Vol. 128, Issue 4) Peer-ReviewedA federal official's physical proximity to Washington often provides a rough approximation of his political authority. In this respect, our controversial and much-criticized system of federal criminal law is distinct....
-
From:Administrative Law Review (Vol. 63, Issue 2) Peer-ReviewedINTRODUCTION In 2002, the Attorney General issued regulations that dramatically altered how the Board of Immigration Appeals (Board) would review decisions of immigration judges. (1) The regulations are best known...
-
From:Yale Law Journal (Vol. 130, Issue 6) Peer-ReviewedPart 2 of 2 Note Wolcott's acknowledgment that assistant assessors were prone to have "variant" opinions on valuation, and also that he refrained from suggesting how each board should formulate its "standards" or what...
-
From:Administrative Law Review (Vol. 72, Issue 3) Peer-ReviewedINTRODUCTION The U.S. Department of Justice (DOJ or Agency) claims that protecting human trafficking victims is a top priority. (1) The DOJ is involved in numerous anti-trafficking efforts, including investigations,...
-
From:Harvard Law Review (Vol. 126, Issue 7)Agencies possess enormous regulatory discretion. This discretion allows executive branch agencies in particular to insulate their decisions from presidential review by raising the costs of such review. They can do so,...
-
From:Georgetown Journal of International Law (Vol. 49, Issue 2) Peer-ReviewedUnder 19 U.S.C. [section] 1677e(b), Congress has granted the Department of Commerce ("Commerce") discretion to apply adverse facts available ("AFA") against foreign respondents in dumping and subsidies investigations....
-
From:Stanford Law Review (Vol. 73, Issue 4) Peer-ReviewedAt the center of contemporary debates over public law lies administrative agencies' discretion to impose rules. Yet for every one of these rules, there are also unrules nearby. Often overlooked and sometimes barely...
-
From:Case Western Reserve Law Review (Vol. 70, Issue 1) Peer-ReviewedINTRODUCTION James Kisor is a Vietnam War veteran who served on active duty in the Marine Corps from 1962 to 1966. (1) During his years of service, Mr. Kisor experienced several contacts with snipers, occasional mortar...
-
From:Harvard Law Review (Vol. 130, Issue 3)CRIMINAL LAW--SEPARATION OF POWERS--D.C. CIRCUIT HOLDS THAT COURTS MAY NOT REJECT DEFERRED PROSECUTION AGREEMENTS BASED ON THE INADEQUACY OF CHARGING DECISIONS OR AGREEMENT CONDITIONS.--United States v. Fokker Services...
-
From:University of Pennsylvania Law Review (Vol. 164, Issue 7)INTRODUCTION My argument is that the presidency of the United States has the institutional disposition and capacity for constitutional arrogance--to take unilateral actions challenging its constitutional boundaries...
-
From:Administrative Law Review (Vol. 59, Issue 4) Peer-ReviewedINTRODUCTION The vast majority of enforcement actions by federal agencies against public companies and other major institutions in our society end in settlements, not in contested proceedings. Enforcement officials...
-
From:Journal of Public Administration Research and Theory (Vol. 10, Issue 2) Peer-ReviewedIn street-level work discretion is inevitable. Scholars have articulated a dominant view or narrative that addresses the role of discretion in the administrative state. This state-agent narrative acknowledges...
-
From:Yale Law Journal (Vol. 125, Issue 6) Peer-ReviewedThis Article investigates the normative and constitutional case for a particular form of congressional delegation that is of increasing practical importance: delegations that give agencies the power to deprive statutory...